Man acquitted of sexually assaulting 13-year-old girl | Mumbai News

MUMBAI: A special court for protection of children from sexual offences (POCSO) on Thursday acquitted a 28-year-old accused of sexually abusing a 13-year-old girl in 2018.

Additional Sessions Judge Kalana Patil observed that the prosecution had failed to prove the charge against the man under Section 8 (punishment for sexual assault) of the POCSO Act and Section 354 of the Indian Penal Code (use of criminal force with intent to outrage the modesty of a woman).

According to the charge sheet, the accused, a resident of NM Joshi Marg, allegedly proposed marriage to the victim on January 26, 2018, by telling her that he was divorcing his wife. The next day, the accused allegedly went to the victim’s house and touched her leg. The accused also showed her some money, the charge sheet added.

Following this incident, the minor’s father filed a complaint at NM Joshi Marg police station. The defence argued that there was a dispute between the accused’s mother and the victim’s wife, due to which a false case was framed against him.

After hearing both sides, the court found that the victim was a minor at the time of the incident. However, it found that it could not prove that the accused had inappropriately touched her leg and shown her money.

The court found a discrepancy between the victim’s testimony and her father’s oral testimony. Her father’s testimony did not prove whether the accused visited the girl’s house and was present at the crime scene.

The judge said that the oral statement of the victim was not evidence under Section 354 of the IPC. “The prosecution’s evidence also does not prove that the accused committed sexual assault, that is, touched the victim with sexual intent,” the court said and ordered the immediate release of the accused.